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NCJ Number: 249229 Find in a Library
Title: Safeguarding Children of Arrested Parents: An Overview
Corporate Author: International Assoc of Chiefs of Police
United States of America
Date Published: October 2014
Page Count: 6
Sponsoring Agency: Bureau of Justice Assistance
Washington, DC 20531
International Assoc of Chiefs of Police
Alexandria, VA 22314
Grant Number: 2010-DJ-BX-K002
Sale Source: International Assoc of Chiefs of Police
44 Canal Center Plaza, Suite 200
Alexandria, VA 22314
United States of America
Document: PDF
Type: Instructional Material (Programmed); Report (Technical Assistance); Technical Assistance
Format: Document; Document (Online)
Language: English
Country: United States of America
Annotation: This Part 1 of a two-part Training Key on safeguarding the children of arrested parents presents an overview that defines key terms used in the discussion and outlines the legal obligations that govern the actions of officers when managing the arrests of parents with children.
Abstract: The overview expands on what research has shown, i.e., that children of all ages are vulnerable to potential trauma following the arrest of a parent, although reactions may vary by age. Given the potential harms to children occasioned by the arrest of a parent, failure to respond appropriately to these children can make law enforcement agencies and their officers civilly liable when officers are not trained to take reasonable measures to safeguard these children. Although the U.S. Supreme Court does not provide an affirmative right to government aid, the Court has established two exceptions that may create a law enforcement officer’s duty to protect citizens. One exception relates to “state-created danger.” Under this exception, a duty to protect may exist if an officer or other government operative leaves a person in a more dangerous situation than the one in which he/she was found, creating a previously non-existent danger or increasing the danger.“ This requirement could apply to officer’s duty to protect children of a parent in the course of the parent’s arrest. This paper also discusses the scope of the problem of harm to children occasioned by the arrest of a parent, and a real-life example of such harm is provided. Suggestions are offered for partnering with community child welfare organizations to address this problem. 20 notes
Main Term(s): Juvenile victims
Index Term(s): Arrest procedures; BJA Grant-related Documents; BJA Resources; Children at risk; Children of incarcerated offenders; Legal liability; Police specialized training; Professional Liability
Note: Training Key #691
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